From Casetext: Smarter Legal Research

Simchick v. I.M. Young Company

Court of Appeals of the State of New York
Feb 26, 1976
38 N.Y.2d 921 (N.Y. 1976)

Opinion

Argued January 7, 1976

Decided February 26, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM R. GEILER, J.

Joseph D. Ahearn and J. Robert Morris for appellant.

Edgar Hills and Irving Kahn for respondent.


MEMORANDUM.

We affirm on the memorandum at the Appellate Division ( 47 A.D.2d 549). In so doing, we note that the quarantine was imposed upon plaintiff's crop only after cauliflower from his field was tested and found to have an impermissible residue of Endrin. We would also note that the theory of liability was not "strict liability in tort" as stated below (47 A.D.2d, at p 551). Rather, liability was predicated solely upon the seller's express and implied warranties of fitness and merchantability. (Cf. Victorson v Bock Laundry Mach. Co., 37 N.Y.2d 395, 402, 404, n 3.)

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in memorandum.


Summaries of

Simchick v. I.M. Young Company

Court of Appeals of the State of New York
Feb 26, 1976
38 N.Y.2d 921 (N.Y. 1976)
Case details for

Simchick v. I.M. Young Company

Case Details

Full title:WESLEY SIMCHICK, Respondent, v. I.M. YOUNG COMPANY, Appellant

Court:Court of Appeals of the State of New York

Date published: Feb 26, 1976

Citations

38 N.Y.2d 921 (N.Y. 1976)
382 N.Y.S.2d 980
346 N.E.2d 818

Citing Cases

Gavilanes v. Gerber Prods. Co.

See also Ryan v. Progressive Grocery Stores, 255 N.Y. 388, 393, 175 N.E. 105, 106 (1931) (“For even were the…